Clinton Masanga and 8 Others v Mutasa Rural District Council

Key Issues

• {"issue_text":"Whether applicants have locus standi to institute these proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Applicants' residence and rate payments"}
• {"issue_text":"Whether there was fatal non-joinder of City of Mutare","issue_type":"procedural","dispositive":"no","related_facts":"Water supply relationship between City of Mutare and respondent"}
• {"issue_text":"Whether applicants exhausted domestic remedies","issue_type":"procedural","dispositive":"no","related_facts":"Letter written by applicants' legal practitioners"}
• {"issue_text":"Whether the relief sought is vague and imprecise","issue_type":"procedural","dispositive":"no","related_facts":"Draft order seeking constitutional relief"}
• {"issue_text":"Whether respondent violated applicants' constitutional right to water under s 77(a)","issue_type":"constitutional","dispositive":"yes","related_facts":"Erratic water supply since September 2021"}
• {"issue_text":"Whether applicants are entitled to a mandamus compelling water supply","issue_type":"mixed","dispositive":"yes","related_facts":"Constitutional right and statutory duty to provide water"}

Background